[COURT NAME]
[COUNTY], [STATE]

[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )

MOTION TO SET ASIDE DEFAULT

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [DEFENDANT] will and hereby does move the Court for an order setting aside the default entered on [DATE].

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Default should be set aside because [DEFENDANT] acted promptly, has a meritorious defense, and the default resulted from [EXCUSABLE NEGLECT/INADVERTENCE/OTHER GOOD CAUSE].

II. Background

• Service of process: [DATE/METHOD]
• Default entered: [DATE]
• Prompt action to set aside: [DATE OF FIRST ACTION]

III. Legal Standard

Courts may set aside default upon a showing of good cause, excusable neglect, or other grounds permitted by rule or statute. Relevant factors include the reason for the default, promptness in seeking relief, a meritorious defense, and lack of prejudice to the opposing party.

IV. Argument

A. The default resulted from excusable neglect or good cause.
[Explain the circumstances leading to default.]

B. [DEFENDANT] acted promptly and in good faith.
[Provide timeline of prompt action.]

C. [DEFENDANT] has a meritorious defense.
[Summarize defenses and attach proposed answer.]

D. Setting aside default will not prejudice [PLAINTIFF].
[Address prejudice and propose schedule adjustments if needed.]

V. Requested Relief

[DEFENDANT] respectfully requests that the Court:
1. Set aside the default entered on [DATE].
2. Permit [DEFENDANT] to file the attached answer within [NUMBER] days.
3. Grant any other relief the Court deems just.

CONCLUSION

For the foregoing reasons, the Court should grant the motion to set aside default.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [DEFENDANT]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Set Aside Default on all counsel of record via [METHOD OF SERVICE].

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered [DEFENDANT]'s Motion to Set Aside Default, ORDERS as follows:
1. The default entered on [DATE] is SET ASIDE.
2. [DEFENDANT] shall file an answer by [DATE].

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge